STATE Vs. SANTOSH CHOUDHARY

JUDGEMENT

(1.) This appeal under Sec. 378(1) of the Code of Criminal Procedure, 1973 (the Cr.P.C.) has been filed by the State in Case No. 661/2012 on the file of Metropolitan Magistrate, North East Delhi, assailing the judgment dtd. 14/10/2013 as per which the sole accused has been acquitted of the offences under Ss. 279 and 304A of the Indian Penal Code, 1860 (the IPC), giving him the benefit of doubt.

(2.) The prosecution case is that on 16/2/2002, at about 07:45 A.M., at T-point, GT Road, Delhi, the accused drove bus bearing registration no. DL-1PA-7989 in a rash and negligent manner so as to endanger human life. The accused lost control of his vehicle and knocked down Shameem, the mother of PW3 and PW4 and fled from the spot. Shameem thereafter succumbed to injuries on the same date at 01:15P.M.Hence, as per the charge-sheet/final report dtd. 3/4/2002, the accused was alleged to have committed the offences punishable under Ss. 279 and 304A IPC.

(3.) On the basis of Exhibit PW7/A FIS of Shameem, given on 16/2/2002, Crime no. 39/2002, Seelampur Police Station, i.e., Exhibit PW8/B FIR was registered by PW8,Woman Sub-Inspector. PW7, Sub Inspector (SI) was entrusted with the investigation of the case. PW7 conducted investigation into the crime and on completion of the same, filed the charge-sheet/final report dtd. 3/4/2002alleging commission of the offences punishable under the aforementioned Sec. .